Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 39

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452

USA > New York > Albany County > Albany > Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations > Part 39

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The advantages of such tutorship of these emi- nently learned and gifted lawyers was duly appre- ciated by young Peckham, and it left its impress upon his whole professional career. He was guided by them up to a distinguished professional position. He continued with them until 1830, when he was called to the Bar. This event took place immediately after attaining his majority. Six years later, on January 6, 1836, Greene C. Bron- son was appointed a Justice of the Supreme Court of the State, and on March 5, 1845, he was made Chief Justice of that Court.

Early in February, 1844, Esek Cowen, one of the most illustrious of American judges, then a Judge of the Supreme Court, died, and Samuel Beardsley was appointed to succeed him on the Bench, a fit representative of his great predecessor.

In 1845 Greene C. Bronson departed this life, and Samuel Beardsley was appointed Chief Justice in his place. Before Judge Bronson and Judge Beardsley ascended the Bench they were both the recipients of high official honors. The former was appointed Attorney-General of the State, serving from February, 1821, till February, 1829, when be was succeeded by Mr. Beardsley, who served till January, 1836. In 1831 Mr. Beardsley was elected to Congress, serving in the Twenty-second, Twenty- third, Twenty-fourth and Twenty-eighth Congress. During his service he became, as has well been said, one of the pillars of President Jackson's ad- ministration.

After his admission to the Bar Mr. Peckham became a partner of his brother, George W. Peck- ham, Esq., who had then become a member of the Albany Bar. The firm was prosperous from the beginning. The Albany Bar, always brilliant, learned and commanding, was especially so at this time. With its powerful gladiators young Peckham was compelled to contend in his struggle for the eminence he attained. In the contests with such opponents he derived strength and courage, which at length made him their equal. Among his com- petitors were Marcus T. Reynolds, Samuel Stevens and H. G. Wheaton, then the principal jury lawyers at the Albany Bar. It was not long before Peck- ham was regarded as a successful rival, found on one side or the other of most of the leading cases tried at the Albany Bar. He was what may be called an eloquent, terse, logical, legal orator.

In 1839 he was appointed by Gov. Marcy

District Attorney of Albany County, discharging its duties with singular ability till 1841, when he was succeeded by Henry G. Wheaton.

In 1845 he was a candidate for Attorney-General, his opponent being John Van Buren, by whom he was defeated by a single vote.

In 1852 he was elected a representative in Con- gress from the City and County of Albany; he took his seat on January 2, 1853, serving through the administration of President Pierce.

"Although a life-long Democrat, and elected by the Democratic party, he refused to be bound by party ties when the interests of the nation were at stake, and exercised an independence as wise and honorable as it was fearless. He opposed the passage of the Nebraska bill by voice and vote ; his -thorough grasp of the problems of the day enabled him to discern the effects which that measure would be likely to produce-an effect which he foretold with wonderful accuracy." After retiring from Congress he continued the practice of his profession in Albany, associating himself with Lyman Tre- main, then a young lawyer, but who afterward won a name conspicuous in the history of the State.

In 1859, accompanied by Chief-Justice Beards- ley, he visited Europe. On his return in the fall of that year he was elected a Justice of the Supreme Court, serving his term of eight years. He was unanimously re-elected; before this term closed he was elected a Justice of the Court of Appeals. Few American judges possessed rarer judicial accom- plishments than he. The truth of this remark is fully sustained by the legal reports of the State.

"On the 5th of November, 1873, Judge Peckham and his wife sailed for Europe on the ill-fated steamer Ville du Havre, of the French line, which, on the 22d of the same month, when in mid-ocean, collided with the British ship Loch Earn, and went down in the darkness of the night, carrying two hundred and twenty-six souls into eternity; among those who perished were Judge Peckham and his affectionate wife. Even the awful nature of the impending calamity served but to bring out those noble qualities of heart and soul for which he had through life been distinguished. In this su- preme hour of peril his tall form took its place among the helpless and abandoned ones. Grasp- ing his loving wife by the hand, he endeavored to sustain and cheer those around him, and, uttering those memorable words which, borne to us by a survivor, have sent a thrill of admiration over two continents, 'If we must go down, let us die bravely !' sank into the deep waters of the At- lantic."

Judge Peckham was twice married. His first wife, a daughter of the Rev. Dr. Lacy, formerly Rector of St. Peter's Church, Albany, was the mother of his two sons, Wheeler H. Peckham, of New York, a distinguished lawyer, and Rufus W. Peckham, of Albany, now one of the Justices of the Supreme Court of the Statc.

The profession throughout the State, and we may say largely throughout the nation, testified its high respect for the memory of Judge Peck-

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ham and their sorrow for his death in expressions of grief and in tributes of respect and admiration.

Memorial services were held in St. Peter's Church, Albany, in his honor, December 14, 1873, and were attended by a vast number of friends and sympathizers.

The judges of the Court of Appeals attended in a body, wearing mourning badges on their left arms. The whole service was intensely impressive. Perhaps no better description of Judge Peckham can be given than that which we copy from the sermon delivered at the funeral by Rev. W. A. Snively, rector of the church:

"Beneath the courtly dignity of his manner and the almost austere aspect of his outward bearing, there was a heart of almost feminine tenderness, a truly reverent spirit and an amiability and a patience which no contradiction could exhaust. His integ- rity was not an official assumption-it was a per- sonal fact. The rectitude of his judicial character expressed itself in the daily relations of life, in the amenities of social intercourse, and in the intima- cies and refinements of his own generous hospitality. Even in the freedom of recreation from professional toil there was no lowering of his personal dignity and his courtly bearing ; and in the sacredness of his home and the intimate relations of personal friendship, that dignity was sweetened by a tender- ness, a simplicity and an affection which in such a combination are as beautiful as they are rare. And the closing hour of his earthly life blended both of these characteristics as with the same breath he cheered and sustained the hearts around him that were paralyzed by fear and spoke his last recorded words, which showed that even in that supreme moment he was his own grand and heroic self."

LEWIS BENEDICT .*

Col. LEWIS BENEDICT, son of Lewis and Susan Benedict, was born at Albany, N. Y., September 17, 1817.

His early studies were prosecuted at Cayuga County, N. Y., but his preparation for college was made mainly at the Albany Academy. In 1834 he entered the Sophomore class of Williams Col- lege, and was graduated in 1837. Immediately after graduating he entered the office of the late John C. Spencer, at Canandaigua, where he com- pleted his legal education.

In January, 1841, he was licensed to practice at a General Term of the Supreme Court, held at Albany. He commenced practice in that city, and quickly took a respectable position at the Albany Bar. In 1845 he was appointed City At- torney, and at the expiration of his term was re- appointed.

In 1847 he was appointed Judge-Advocate-Gen- eral on the staff of Gov. John Young. In 1848 he was elected Surrogate of the City and County of Albany for the term of four years. His entire vote greatly exceeded the strength of his party. In

1849 he received the appointment of Judge-Advo- cate-General from Gov. Hamilton Fish.

In 1852, and also in 1860, he was the candidate of the Whig party for the Recordership of the city, and shared in the defeat of its nominees.

In 1854 he was appointed, by the Controller, one of a board of commissioners charged to as- certain and report concerning the pecuniary and other conditions of the several state prisons, and also to devise laws for their better regulation and discipline. The results of the labors of this com- mission are contained in a voluminous report made to the Assembly in 1856.

In the fall of the year 1860 he was nominated by the Union men of his district for member of Assembly and elected, being the only Union can- didate returned from the county at that time. This was the last public position of a civil character held by him.

Both the beginning and the end of his life de- velop the same characteristics-great fondness for ease and recreative enjoyments-yet with ready power to subordinate such tastes, or repress them altogether, in obedience to the claims of any se- rious engagements.

As a boy, he was noted for his zeal and diligence in study, and not the less for enterprise in play.

His collegiate career resembled his academic; it was successful to whatever degree he chose to make it. A classmate, now president of a college, de- scribing him, says : " It is doing injustice to none of his classmates that in mind, as in person, he had no superior among them all. His rank as a scholar was high, and he could have made it higher. His mind was quick and clear, and he learned with great facility. His critical power was unusual, and no one could detect the weak points of an argument or the incorrect use of terms sooner than he."

He graduated with distinction, and three years afterward was appointed to deliver the Master's oration.

While a student at law he maintained sufficient ardor of pursuit to enable him to acquire a knowl- edge of the elements of that science; but his taste for general literature was decided enough to save him engrossment by studies purely professional. The uncommon facility with which he acquired knowledge-the result of his quick perception and retentive memory- afforded him intervals to indulge his tastes without neglecting his proper studies; he therefore read much besides law, and digested well what he read.

On his admission to the Bar, Marcus T. Rey- nolds, then in the zenith of his professional fame, received him as his law partner, and elevated him at once to a high position in the practice. Other connections and associations occurred to make his entrance upon his professional career one of the most promising that could fall to the lot of a young practitioner.

The City Attorneyship, which Col. Benedict held two terms, was the first political appointment he ever received. From that time, however, he was actively and earnestly a political partisan, and ap-

*The author is under obligations to a " Memorial of Brevet Brigadier- General Lewis Benedict, Colonel of the 162d Regiment, N. Y. V. 1.," published in 1864, for some of the facts in this sketch.

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THE BENCH AND BAR.

peared less and less in the forum and more and more in the committee-room and upon the hus- tings. The tersest record of his political labors would be the history of every party struggle, State or national, that occurred from his entrance into political life until he joined the army. He was always a leader. He was often delegate to con- ventions, State and county ; chairman of commit- tees, general and local ; a prolific author of addresses and resolutions, and a frequent speaker at political assemblages.

He was acute in his perceptions of the qualities of men, and accurate in his estimate of moral worth.

In his various public services he manifested capa- bilities which provoke regret that they were not also used for purposes of a less general character. The judicial duties of the Surrogate are not gener- ally appreciated; yet there is no jurisdiction within which more complex or nice questions present themselves for adjudication, to say nothing of the enormous pecuniary interests and the multitudi- nous personal rights which are involved.

The clearness of his mind and the equity of his convictions receive some illustrations from the cir- cumstance that, of the many judgments pronounced by him during the term he held the office, but one, and that made in the beginning of his official career, is known to have been reversed.

In the Legislature Col. Benedict took a highly honorable position. As the Chairman of the In- surance Committee, he exhibited useful administra- tive abilities. On the floor of the House, as a speaker, he always commanded respect and atten- tion. He never addressed the Speaker unless he was master of the subject he proposed to present or advocate.

He was in the Legislature at that period when every lover of the Union began to feel the peril it was approaching. As no one loved the Union of States more deeply than Col. Benedict, none was an earlier or a more active supporter of it.

As early as January, 1861, Gov. Morgan endeav- ored to impress upon the Legislature the im- mediate necessity of placing the State on a war footing. Col. Benedict comprehended the impor- tance of prompt action, for he anticipated the com- ing conflict. He therefore sustained the Governor with all his ability and eloquence.

He rejoiced when the President called for volun- teers, but regretted that the number was so small. Writing to a friend after that call, he said : "The sentiment of the North is not satisfied with the present call for troops. The Government would be justified in demanding three hundred thousand men."

Upon this call Gov. Morgan, by a special mes- sage, requested the action necessary on the part of the Legislature, and that body responded by "An Act to Authorize the Embodying and Equip- ment of a Volunteer Militia, and to Provide De- fense." This act was passed April 16, 1861. This act authorized the enlistment of thirty thou- sand men, and appropriated three millions of dol- lars for the purpose.

The passage of this act was largely due to the energies and exertions of Col. Benedict.

It was largely through his instrumentality that the selection and appointment of officers of the organization contemplated by the act was directed to be made, according to Sec. 11, Art. 11, of the Constitution, the importance of which was that the force should have a voice in the choice of officers to command it.

After this Col. Benedict gave all his time to the imperiled Union.

Col. Benedict had had considerable experience as a citizen soldier, and stood high among the efficient and well-drilled officers of the accom- plished military corps of Albany, and had been promoted to the rank of Lieutenant-Colonel of the City Cavalry. Soon after leaving the Legisla- ture, in the spring of 1861, he decided to enter the service of his country in the tented field. The New York Fire Department, while recruiting the 2nd Fire Zouaves, conferred upon him the Lieutenantcy of the proposed regiment. He was commissioned in June, 1861. The regiment was ordered to Washington, where it arrived on the 24th of July. Difficulty having occurred as to what brigade it should be attached, it was finally decided, after some delay, by the War Department, to attach it to the Excelsior Brigade, after which the regiment was known as the 73d Regiment, Excelsior Brigade. During the Winter of 1861-2, the regiment did picket duty and advanced itself, by constant drill, to be one of the most competent and accomplished in the brigade.

The affection with which Col. Benedict was re- garded by his men was demonstrated by daily incidents, and never more touchingly then when some of his wild boys preferred to share the hor- rors of a rebel prison with him than to leave him in his helplessness on the field of Williamsburg.

The history of his career as a soldier from that time until he fell in battle is one of singular, almost thrilling, interest.

After his capture at Williamsburg, he was taken to Richmond, and afterward to Salisbury, N. C. His imprisonment ended after several months by an exchange. In September, 1862, one month after his exchange, he was commissioned Colonel of the 162d (3d Metropolitan) Regiment. In October following the regiment proceeded to New Orleans ; but owing to various mishaps to the fleet, it did not reach the city until December. In January, 1863, he was designated Acting Brigadier, and in that capacity was actively employed, rendering important service previous to the siege of Port Hudson, where he was conspicuous in most of the terrible fights during that memorable siege. He was foremost in the terrible slaugh- ter of June 14, 1863. When it was decided to storm the fort, Col. Benedict was given command of the Second Battalion, selected to serve "as the forlorn hope." This selection was a tribute to his coolness and courage. From that time forward he followed Gen. Banks through all his marches and victories. His last command, the 3d Brigade of the 1st Division and 19th Corps, was composed

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of the 116th, 162d and 165th New York, two Maine regiments and an independent battery. No brigade fought more courageously or did more to turn the tide of battle.

The Red River campaign under Gen. Banks will ever be read with the deepest interest. It pre- sents a series of bloody battles almost unequaled in the heroic conduct of the officers and soldiers engaged in it. When the army reached Pleasant Hill, about the 7th of April, there occurred a series of conflicts unparalleled in the history of the war. On the 9th of April, 1864, the final contest of the campaign took place. It was a day long to be remembered, a day when the tide of battle repeat- edly changed, when the surging columns of the enemy were driven from their position, to return reinforced to a terrible and often successful charge, and so the conflict continued.

" In the conflict on the slope, and perhaps in the melee of that critical moment, when the rein- forced enemy caused our line to hesitate and even to recoil, and the fortunes of the day seemed doubtful, when by almost superhuman efforts on the part of the officers the men were rallied to that frantic charge which gave victory to the Union arms and saved its army, its navy and its juris- diction in the Southwest."

In this charge Col. Benedict, leading his brigade, in full view of the whole line of the enemy, fell pierced with several bullets. He was first wounded in the right arm and soon his horse was wounded; but still he pressed on, and in a few moments was shot through the head and died instantly.

No death could have produced more profound sorrow in the army, nor have occasioned a greater loss to it. When the intelligence of his death reached Albany, the home of his youth, where he was so generally beloved, it wrapped the city in general gloom.

On May 2, 1864, his remains reached this city and were received by a committee of the Com- mon Council. Another committee met the remains on their arrival in New York City and accom- panied them home.

The respect paid by the authorities and citizens of all classes to the dead soldier attested the high esteem in which he was held and the sorrow felt for his death.

On May 7, 1864, the members of the Albany Bar convened at the Capitol in large attendance to do honor to his memory. Hon. Rufus W. Peck- ham was called to the chair. Messrs. Wolford and Edwards were made secretaries. A series of eloquent resolutions were adopted, expressing the estimation in which Col. Benedict was held by his brethren of the profession. An eloquent, im- pressive eulogium was pronounced by the Hon. Lyman Tremain, followed by remarks from Hon. John K. Porter, Hon. Clark B. Cochrane, Hon. Hale Kingsley, Isaac L. Edwards, Esq., and Hon. C. L. Austin. The press of the city also paid the memory of Col. Benedict brilliant tributes of respect, and he was finally laid at rest amid tears and benedictions of the people of his native city.

LIST OF LAWYERS IN ALBANY CITY IN 1884.

J. J. Acker, 496 Broadway.

George Addington, 25 North Pearl. George W. Albright, Beaver Block.

Albright & Stanwix, 10 Beaver Block Wm. A. Allen, 18 Douw's Building.

Arthur L. Andrews, 444 Broadway. Buel C. Andrews, 14 North Pearl. Austin Artcher, 18 Douw's Building.

Frederic Baker, 119 State. Isaac B. Barrett, 50 State. E. A. Bedell, Attorney-General's Office.

Edwin P. Bellows, 119 State.

James W. Bentley, 18 South Pearl.

James J. Bennett, 52 State. Richard W. Brass, 73 State.

· Edward J. Brennan, Chapel, corner Maiden Lane.

Walter M. Brown, 55 State.

C. J. Buchanan, Chapel, corner Maiden Lane.

A. T. Bulkley, 25 North Pearl.

Eugene Burlingame, 452 Broadway.

Henry D. Burlingame, 50 State.

Fred W. Cameron, 37 Maiden Lane.

Duncan Campbell, 6 Tweddle Building. Lewis Cass, 55 State.

Chase & Delehanty, 25 North Pearl. J. H. Clute, -12 Tweddle Building.

Alden Chester, 18 and 19 Tweddle Building.

J. H. Clute, 12 Tweddle Building.

Wm. K. Clute, City Building.

Mark Cohn, 29 North Pearl. A. J. Colvin, 3 North Pearl. L. Lorenzo Conley, 7 Partition, E. A.

Thos. F. Connor, Beaver Block.

Joseph A. Conway, 82 State.

Martin D. Conway, 116 State.

John T. Cook, 37 Maiden Lane.

J. F. Cooper, 24 North Pearl.

Edwin Countryman, 99 State. Monroe Crannell, 69 State. Walter S. Cutler, 192 North Pearl.

Franklin M. Denaher, 78 State.

Edwin G. Day, 31 North Pearl.

F. B. Delehanty, 25 North Pearl.

John A. Delehanty, 3 Douw's Building.

Philander Deming, 12 Jay. DeWitt & Spoor, 35 to 38 Tweddle Building. George Downing, 94 State.

Herbert T. Downing, 94 State.

Draper & Chester, 18-19 Tweddle Building.

Louis Dreyer, 75 State.

Z. A. Dyer, 44 State.

James W. Eaton, Jr., 17 Museum Building. Jerome W. Ecker, 78 State.

James J. Farren, 49 State.

George W. Featherstonhaugh, 31 North Pearl.

Walter D. Frothingham, 69 State.

Worthington Frothingham, 69 State.

J. E. Gallup, 94 State. John J. Gallup, 94 State.

George N. Gowey, 72 Hudson avenue.

Scott D'M. Goodwin, r. 6 Albany Savings Bk. Bldg. Anthony Gould, 55 State.

- Clifford D. Gregory, 99 State.

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THE BENCH AND BAR.

George Stuart Gregory, 49 State. J. Wendell Griffing, 864 Madison avenue. Alfred A. Guthrie, 3 North Pearl. W. R. Guthrie, 77 State. John Gutmann, 80 State. Mathew Hale, 25 North Pearl. William H. Hale, 59 North Pearl. Lewis B. Hall, Room 6, 89 State. Daniel P. Halpin, 37 Tweddle Building. Fred. C. Ham, 74 State. Thos. H. Ham, 74 State. A. Hamilton, 29 North Pearl. Samuel Hand, 25 North Pearl.

Ira Harper, 41-42 Tweddle Building. Frederick Harris, 20-23 Tweddle Building. Hamilton Harris, 20-23 Tweddle Building. Julius F. Harris, 31 North Pearl.

William B. Harris. 82 Livingston avenue. Samuel S. Hatt, 86 State.

Nathan Hawley, 30 Douw's Building. Hawley & McNamara, 82 State. William Hayes, 2 1 Green.

D. C. Herrick, 5 Douw's Building.

Isban Hess, 11 Douw's Building.

Albert Hersberg, 7 Albany Savings Bank Building.

W. S. Hevenor, 9 Donw's Building. B. R. Heywood, 79 Chapel. George D. Hill, 3 North Pearl. Wm. J. Hillis, 18 South Pearl.

N. P. Hinman, 49 State. G. R. Hitt, 55 State. Henry T. Homes, 25 Tweddle Building.

Lansing Hotaling, 74 State.

Wm. F. Hourigan, 40 State.

Leonard G. Hun, 25 North Pearl. Marcus T. Hun, 25 North Pearl.

Oliver M. Hungerford, 74 State.

C. B. Hutchings, 15 Douw's Building.

G. D. Hurlbut, 119 State. Robert Imrie, 93 State. Charles M. Jenkins, 452 Broadway.

J. B. Jermein, 2 James, corner State. James C. Johnson, 55 State. Frank Kampfer, 80 State. W. S. Kelley, 17 Tweddle Building. J. M. Kimball, Beaver Block.

Charles B. King. Dwight King, 108 Hudson avenue.

J. H. King, 69 State.

Wm. H. King (patent law a specialty), 31 N. Pearl. Leonard Kip, 24 Tweddle Building. George W. Kirchwey, 7 Museum Building. C. Krank, 74 State. Arno F. Krumbholz, 76 State. L. C. G. Kshinka, 50 State. Desmond S. Lamb, 18 Beaver. A. & W. Lansing, 26-27 Tweddle Building. Peter C. Lansing, 320 Clinton avenue. Herman S. Lary, Bank Building, Greenbush. I. & J. M. Lawson, 37 Maiden Lane.

J. A. Lawson, 37 Maiden Lane. W. L. Learned, 298 State. H. C. Littlefield, North Pearl, corner Pleasant. Orville S. Long, 9 Douw's Building. Wm. Loucks, 50 State. 20

Wm. J. Mackesey, 18 South Pearl. John F. Manson, 68 State. Manson & True, Ferry, cor. Broadway, Greenbush. H. S. McCall, 5 Douw's Building. H. S. McCall, Jr., 5 Douw's Building. John T. McDonough, 114 State. W. C. McHarg, 50 State. James A. Mckown, 114 State. Wm. H. McNaughton, 44-45 Tweddle Building. James C. Mathews, 18 South Pearl.

J. W. Mattice, 9 Tweddle.

P. F. Mattimore, 841 Broadway. Charles W. Mead, 86 State.

Edward J. Meegan, Beaver Block. Thomas A. Meegan, Beaver Block. Payton F. Miller, 25 North Pearl. Charles H. Mills, 44-45 Tweddle Building. Charles W. Mink, 225 Green.

G. W. Miner, Albany Savings Bank Building. N. C. Moak, Chapel street, corner Maiden Lane. John F. Montignani, 73 State. W. D. Morange, 69 State. Judson H. Morrey, Jr., 62 Tweddle Building. Wm. T. Murray, Room 8, Museum Building. Max Myers, 72 State. Wm. D. Murphy, 421 Clinton avenue.

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Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 39

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888 Publication date: 1886 Publisher: New York, W. W. Munsell & Co. Number of Pages: 1452

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452